RECORD NO. 971304
SHARON D. YEAGLE,
COLLEGIATE TIMES,
JOINT APPENDIX
Daniel S. Brown James R. Creekmore WOODS, ROGERS
CLERK
& HAZLEGROVE, P.L.C. First Union Tower, Suite 1400 Post Office Box 14125 Roanoke, Virginia 24038-4125 (540) 983-7600
Counsel for Appellee
tANTAGNE LEGAL PRINTING 801 East Main Street Suite 100 Richmond, Virginia 23219 (804) 644-0477 A Division of Lanttgne Duplicating Services
Table of Contents Page Number
Motion for Judgment filed 5/13/96 with attachment ....................... 1
Demurrer and Grounds of Defense filed 6/6/96 ........................... 9
Amended Demurrer filed 8/26/96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Letter Opinion dated 2/27/97 ........................................ 18
Order Sustaining Amended Demurrer filed 3/18/97 ....................... 21
Assignments of Error ....... · ....... 0 o • 0 • o • o • o •• 0 o •• o o •• o • o o • 0 ••• o • 0 o 23
LAW OFFICES
GENTRY LOCKE RAKES & MCDRE
ROI.NCKE. VIRGINIA
·-. VIRGINIA:
IN THE CIRCUIT COURT FOR THE COUNTY OF MONTGOMERY
SHARON D. YEAGLE,
Plaintiff,
v.
COlLEGIATE TIMES, an Unincorporated Association Serve: Katy Sinclair,
Editor-in-Chief, or any other representative 363 Squires Student Center Blacksburg, VA 24060
Defendant.
) ) ) ) ) ) ) ) ) ) ) ) ) ) )
Law No.
MOTION FOR .JUDGMENT
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COMES NOW the plaintiff, Sharon D. Yeagle ("Yeagle"), by counsel, and moves
the Court for judgment against· the defendant, Collegiate Times ("defendant"), on the
grounds and in the amount as hereinafter set forth:
THE PARTIES
1. The plaintiff, Sharon D. Yeagle is a full time employee of Virginia Tech, and
resides in Blacksburg, Virginia.
2. The defendant, Collegiate Times, is an unincorporated association which
publishes and disseminates a newspaper from Virginia Tech, and maintains its offices at
363 Squires Student Center in Blacksburg, Virginia.
3. The Collegiate Times was established in 1903 and is the largest and oldest
newspaper in the Blacksburg area. It is published every Tuesday and Friday. The
Collegiate Times is available throughout the world on the Internet and on the World Wide
1:
LAW OFFICES
GENTRY LOCKE ,RAKES & M:I:RE
ROANOKE. VIRGINIA
Web - http:\ \www.vt.edu:10021\news\collegiatetimes\ct.html. Included within this
distribution area is the campus of Virginia Tech, the Town of Blacksburg and Montgomery
County.
4. On information and belief, the Collegiate Times regularly reaches a
readership of more than 30,000 readers and boasts a per-issue circulation of 14,000
newspapers. On further information and belief, the Collegiate Times is distributed free-of-
charge on the Virginia Tech campus, and throughout Virginia and elsewhere by paid
subscription and otherwise.
THE FACTS
5. On or about April 30, 1996 the defendant published an article in the
Collegiate Times on page A6 entitled "Tech Sends Seven Students to Governors Fellows
Program."
6. The article appeared in defendant's regular issue and contained a serious
discussion of the accomplishments of several successful Virginia Tech students. It was not
a parody.
7. The article included several direct quotes of Yeagle. The defendant
identified Yeagle in the article's text as the "Assistant to the Vice President for Student
Affairs."
8. The article also contained a quotation, which it represented as Yeagle's, that
defendant extracted from the text and placed in the center of the article in bold print.
Following the quotation the article identified "Sharon Yeagle" as the source. Defendant
identified Yeagle's professional title as "Director of Butt licking."
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LAW OFFICES
~Ei\!TRY LOCKE ~AKES & fv1CDRE
ROANOKE. VIRGINIA
9. The context of the statement made by defendant appeared as follows:
(Emphasis in original)
(Fellows) will not only have the opportunity to work directly with members or the Governor's Cabinet or Executive Office Statr, but will serve as ambassadors or Virginia Tech.
SHARON YEAGLE Director of Butt Licking
10. Attached and marked Exhibit I to this Motion for Judgment is a copy of the
language published by the Collegiate Times which forms the basis for this action.
11. Notwithstanding the uncontrovertible falsity and injurious nature of this
statement, and resulting damage to Yeagle's reputation, the defendant has not retracted
the false and defamatory statement.
COUNT I
DEFAMATION PER SE
12. Yeagle incorporates by reference the allegations made in paragraphs 1 - 10
herein and further alleges as follows.
13. The article published by defendant, set fonh herein contained false and
defamatory statements about Yeagle, which naturally and presumably understood, imputes
the commission of a crime involving moral turpitude and therefore constitutes defamation
14. The article published by defendant, set fonh herein contained false and
defamatory statements about Yeagle, which naturally and presumably understood, injured
Yeagle in her capacity as an employee of Virginia Tech and by egregiously misstating her
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LAW OFFICES
. GENTRY LOCKE RAKES & MCERE
ROANOKE. VIRGINIA
professional title necessarily injured Yeagle's employment, office, and professional standing
without justification and therefore constitutes defamation per ~-
15. The defendant published the defamatory statement knowing of its falsity
and/ or with reckless disregard as to the truth or falsity of the statement.
16. The defendant published the defamatory statement with malice and in
conscious disregard of the rights of Yeagle or the substantial danger to Yeagle's reputation.
17. As a proximate result of the false and defamatory statement published by the
defendant, Yeagle has suffered damage to her reputation, suffered shame, humiliation,
_embarrassment, ridicule, exposure to public infamy, disgrace, scandal, injury to her feelings,
financial loss, and has been hampered in the conduct of her professional and personal
affairs. Much of this injury will endure permanently.
18. The statement and actions of the defendant constitute defamation per se for
which Yeagle seeks judgment against the defendant for actual, presumed, compensatory,
and punitive damages as more fully described in the Demand below.
COUNT IT
DEFAMATION
19. Yeagle incorporates by reference the allegations made in paragraphs 1 - 17
herein and further alleges as follows.
20. The defendant negligently and carelessly published the false and defamatory
statement identifying Yeagle's professional title as "Director of Butt Licking."
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LAW OFFICES
GENTRY LOCKE RAKES & tvKDRE
ROANOKE, VIRGINIA
21. The defendant published the defamatory statement knowing that it was false
or, even if the defendant believed it to be true, lacked reasonable grounds for such belief
and acted negligently in failing to ascertain the facts on which the publication was based.
22. The defamatory statement published by the defendant makes substantial
danger to Yeagle's reputation apparent The defendant's statement not only misstates
Yeagle's professional title, but also egregiously insults Yeagle in her capacity as an
employee of Virginia Tech and in her employment, office and professional standing.
23. As a proximate result of the false and defamatory statement published by the
defendant, Yeagle has suffered damage to her reputation, suffered shame, humiliation,
embarrassment, ridicule, exposure to public infamy, disgrace, scandal, injury to her feelings,
financial loss, and has been hampered in the conduct of her professional and personal
affairs. Much of this injury will endure permanently.
24. The statement and actions of the defendant constitute defamation for which
Yeagle seeks judgment against the defendant, for actual, presumed, compensatory and
punitive damages as more fully described in the Demand below.
COUNT Ill
INSULTING WORDS PURSUANT TO VIRGINIA CODE § 8.01-45
25. Yeagle incorporates by reference the allega~ons made in paragraphs 1 - 23
herein and further alleges as follows.
26. The defamatory statement published by the defendant is actionable under
§ 8.01-45 of the Code of Virginia, as amended.
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LAW OFFICES
GENTRY LOCKE RAKES & rvn>RE
ROANOKE. VIRGINIA
27. The defendant's statement imputes to Yeagle conduct that remains codified
as criminal conduct in the State of Virginia, and egregiously misstates her professional title
in such a manner that it necessarily injures her employment, office, and professional
standing. These words, from their usual construction and common place acceptance are
construed as insults and tend to violence and breach of peace, and are therefore actionable
under§ 8.01-45 of the Code of Virginia, as amended.
28. As a result of defendant's conduct and defamatory statements in violation
of Virginia Code§ 8.01-45, Yeagle has been injured and damaged as more fully set forth
in the Demand below.
DEMAND
As a direct and proximate cause of defendant's wrongful conduct, as previously
described, plaintiff, Sharon D. Yeagle, suffered and will continue to suffer substantial
injury, damage to her reputation, loss of reasonable expectation of privacy, shame,
humiliation, embarrassment, ridicule, exposure to public infamy, disgrace, scandal, injury
to her feelings, financial loss, and has been severely hampered in the conduct of her
professional and personal affairs.
WHEREFORE, plaintiff, Sharon D. Yeagle, demands judgement against the
defendant as follows:
1. Compensatory damages in the amount of Five-Hundred Thousand Dollars
($500,000) against defendant, together with pre-judgment interest from April30, 1996.
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LAW OFfiCES
GENTRY LOO<E :w<ES & MCDRE
ROANOKE. VIRGINIA
2. Punitive damages in the amount of Three-Hundred Fifty Thousand Dollars
($350,000) with pre-judgment interest from April30, 1996; and
3. An additional award against defendant, in an amount equal to plaintiff's
costs, including reasonable attorney's fees incurred in these proceedings, together with
prejudgment interest on said amounts.
SHARON D. YEAGLE
By: (.~JL/ ---+---O~f~C~o~~--e-1~~~-------
S. D. Roberts Moore (VSB No. 3456) Charles H. Smith, ill (VSB No. 32891) GENTRY LOCKE RAKES & MOORE 800 Crestar Plaza P.O. Box 40013 Roanoke, Virginia 24038-0013
Counsel for plaintiff Sharon D. Yeagle
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r. i. STlJlEKT AFFAIRS
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TEL:540
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i"TeCh"sends seven~studeilts to;-.~ :~)GOvernor's FellQWS .Progr~ . . . . .. . . :-,. '(· ... -··: ..... .: ... ?.
::ROBIN LAA'IZ · ~-:··. -~; · .·. : · leader.· .. · . · · . ... : :.... · . ·. • .CDIIeg1mlJmes • Amy Gorsbciloff is a psychology major,t :: A record numbe: of candidates from concentrating in ·women's studies. : :Y,irgiDia ·Tc=h 'have been seleaed to partici- ·Gorshenoff h2s workeo as a re~ident advi-: ~pate in the 1996 Virgini2 Governo~' s .·.sor and an. associatejustic.e in fJl~ .l:ID.der- ..
-::Fe}lowsProg:ani.·-:.::,: · ··"··.·· ·-.. .· ....... graduate Honors System. ·: ·• ... · .. :.: .· · ·· :-:·This yer Tc6h ~~Ul provide one·founb of . Seth Ginthc:,· also a fo:me: presid:n: of : ~ th: 28 fellows seie:ied from :Virginia col-·. the Sruaent Government. Asso:iatiCl:, has : leges' _&nd univ::Sities: This is the largcs~ .. served. on many committees, .including :. number any Virgilitt'Univ:.~ty -has sent~ tinive.rsity Council, Co!:lmitt~e on :. the pro~-·s·16 yea..~: · · · · · . Academic Suppor: and seve:-al s~:!.rch · '"I have :-:ceiv=c se,·::al comolimentt, teams. He is a m::nber of Sir:ma .~i-oba . ·o:De''frolll. 2ll offi:i&ll o! the progi-am fro~ E~silon, wbi:l: r::o~::iz:r:.11: is~ i:s , : · Rlchmonci"' sai~ Sh2.ron Y:agie7 assistant national unde::-raduat: of :he,yea:. . . : to'ibe vice -:.1r:sicie~-: io:- s:"Jde:lt t!:ai:s. "Ee .Mar'\' Ell:~ jones is t:Ju:sui:u::: h:::- do;:or· : . saic he: WaS nl:es:~· witt th: nici: c:ilib:: at: in 'Sci:n:e .a!lC te::inoio~·-s:ucii~s. S~e · · aiic hi;:h ·q~ali·r~· c: Vi:g!nii ':'ec!:"! ·hoids tirc.mesr::=! cie~::s-m .P?ul::~.- s:i-. ·.
=D'dicates CIS v:a:." . . eD:e and business a:;i:::inist:Gtio::. : · •· F:llowsi:i:ls · re :i:::::e'c · · · l.:;):l RaW:: is ~ fi:Jm:: · : t6 a grou? c'f t2.i::ue~f and · majo: v.itb m.bo:s m ~c-.. bighly motivate:! individu· : · (FeJiaws) will not nomics and political sci-
. als that v:.lll b:ne!i: f:o~ . . . only have tba e?c:. ~he _.has s:u~ird · :xn:rienci~~ the n:oce-ss o! · · ·· : ··- · .. ...... ·: aoroa.d m Rh-a S2r. Vt:aJ:, ·
-:state goveim:n~ a:::~rci- · ~pportunlty to· work Switze:lant:. enc iD-CnW.. in~ to a ·n~ ::l:ase. . .frredtv with .. She is mvoi~:: m ~:river-. Tn: relel!e saic the P* · . • · · si:\· He no:-~ Associates,
•• £;!2.:%: alsc s::ives to . members of ~8 S~dc:H B~siness .CO\!::lcil m::.gt.ie~ :he ti:s be:wee::' governor's cabinet or- ·:!:1::! s':ive~ as !he tnibilci!\· tb: stat: t!overoit::u: t:lci :h~i7 fc~ tile ~=~- Rh·e~ Vir£inia's· a:acie:nie co:n· · 'executive effie~ Aids Walk. She was also nlLUlity, the=by buiiding a · . staff, but Will serve named SrJdent o: the Y:a: . mutual sense of understand- ·.as ambassadors o( ·in the Colle2e of!susin:ss. ing anti rapport b::we:n th: John Whitley will . two institutions: ·. VIrginia Tech. . n~::eive his d:gr:e ii: ~gri-
rTbe :Fellows will wo:k c:'Jltu:al an~ anolic: sci-for cabinet membe:s within :nces 2nd ani::l~ scien:es. agencies of tbe Virginia He is a c::ber of Phi governme:lt. lnte:ns mzy ··~a Phi anc Block and work in -e=:~nomic develop- :: ·:·. .· Bridie. H: was named :men~ iustice and law, ·finm~, administra- Outstanding Srud:nt m toe College of Agri· : tio~ ~nvironmental issues, family iss~es, culrure, and has been rccocized by Wbo r s . law enfor:emenlt criminal justice, trans· Wbo·amoJtg colleges and Wrlversities .. portation or educ:1tion. · : · · Mark Zacharias is a.n e:onomics and . Applica:i1S must be graduating college political sci== maj,ot. He is a member of seniors or :nroDed ~ degree Candidates in a . tbe ·varsity cross. c:ount:-y and track team . graduate or prof:ssional school. Fellows· and. a representative to tbe Student are assigned to work with members of tb~ Government. H: was a1sc selected £or _governor's cabin:: or executive 'office staff. m:mb:rship to the Wno•s W:1c 2lilong col- : !The program, whi:h runs during June and · leges and universities. . July, atte~ts to mat:h Fellows ~ith com- "We are proud of all sev:n Fellows," 1
patiblc:_assignm.cnts according to tbeir Yeagle said. "Tb:y will not pnly.have the baekgroUDds and mterests. opl)ortUnity to work direc:tlv v;ith mcmb:tS .::six graduating senio~ and one graduate of the governor's cabine: or executi-ve,
snid:nt fro2:1 Tech will participate in this office staff, but will S...'T/e as ambassadors yw's program. . · ofTecb." -8 · ... 'fShilo!: :S~tes is !. graduating senior .in This· prog:-am will a!sc !3: cff:rec n:xt
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P. 002
I
.VIRGINIA:
IN THE CIRCUIT COURT FOR THE COUNTY OF MONTGOMERY
SHARON D. YEAGLE,
Plaintiff,
v.
COLLEGIATE TIMES, an unincorporated association,
Defendant.
DEMURRER
Law No. V-10467
DEMURRER AND GROUNDS OF DEFENSE
Defendant Collegiate Times, by counsel, respectfully demurs
to the allegations of the Motion for Judgment which fail to state
a cause of action against the defendant in that, under applicable
constitutional law principles, the language complained of by the
,plaintiff cannot reasonably be interpreted as stating actual
facts about the plaintiff herein. From the face of the article,
attached to and made a part of the Motion for Judgment, it is
apparent that the words complained of were either a patent error
(which in fact they were) or a tasteless spoof (which in fact
they were not) . In either case, the words are not actionable as
!I defamation.
GROUNDS OF DEFENSE 'i :: :l COMES NOW the Collegiate Times, defendant herein, by !I llcounsel, and states as its Grounds of Defense to the Motion for
~~!Judgment filed against it: ~CI!Au !
. I M#339468
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1. The allegation in paragraph 1 that Sharon D. Yeagle is
a full time employee of Virginia Tech is admitted; defendant does
not know whether plaintiff resides in Blacksburg, Virginia.
2. The allegations in paragraph 2 are admitted.
3. Defendant does not know whether the allegations in
paragraph 3 are true or false, except that it is admitted that
the Collegiate Times was established in 1903; that the Collegiate
Times is published every Tuesday and Friday during the academic
school year, except on holidays and during exams, and one time
during the summer; that the Collegiate Times is available on the
Internet and World Wide Web at http:\\www.vt.edu:10021\news\CT\;
and that the Collegiate Times' distribution area includes the
campus of Virginia Tech, the Town of Blacksburg, and Montgomery
County.
4. The allegations in paragraph 4 are admitted.
"THE FACTS"
5. The allegations in paragraph 5, 6 and 7 are admitted.
6. The allegations in paragraph 8 are denied, except that
defendant admits that a quote taken from the text of the article
;~was placed in the. center of the article, followed by the name :; !i"Sharon Yeagle" and the phrase "Director of Butt Licking." !
7. With respect to the allegations contained in paragraphs ,:
:: 9 and 10, the copy of the newspaper article attached as Exhibit I ·i
ii to the Motion for Judgment speaks for itself. ,, •• llof Exhibit I is admitted.
)()DS.R~ II iAZLEGROVE. .I
.illllr7lt)IS4fll.n&• jl
!IM#339468
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The authenticity
8. With respect to the allegations in paragraph 11, it is
admitted that a correction of the obvious error has not yet been
made in the Collegiate Times, but only because no edition of the
paper has been published since the April 30, 1996 issue. A
correction will be printed in the next issue, to be published in
July, 1996. Further, the reporter who formatted the quote at
issue personally delivered to the plaintiff a letter of apology
and telephoned and personally made an apology to plaintiff by
recording since the plaintiff could not be reached.
COUNT I
DEFAMATION PER SE
9. The responses to paragraphs 1-10 of the Motion for
Judgment are incorporated by reference.
10. The allegations in paragraphs 13-18 are denied.
COUNT II
DEFAMATION
11. The responses to paragraphs 1-17 of the Motion for
Judgment are incorporated by reference.
12. The allegations in paragraphs 20-24 are denied.
COUNT III
INSULTING WORDS PURSUANT TO VIRGINIA CODE §8.01-45
13. The responses to paragraphs 1-23 of the Motion for
·Judgment are incorporated by reference. IODS, ROGERS :: IAZLEGROVE r ·; .o\lwmM41t'-• • ·: 14 .
!I The allegations in paragraphs 26-28 are denied.
!I
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15. All allegations not expressly admitted herein are
denied.
16. It is denied that defendant committed any act for which
it is liable to plaintiff.
17. It is denied that plaintiff has suffered any injury or
damage, whether actual, presumed, compensatory or otherwise, as
alleged in the Motion for Judgment.
18. It is denied that plaintiff is entitled to recover
against the defendant the amounts demanded in the Motion for
Judgment, or any amount whatsoever.
19. It is demanded of plaintiff that she offer strict proof
of any and all injury or damages claimed in the Motion for
Judgment, whether actual, presumed, compensatory or otherwise.
AFFIRMATIVE DEFENSES
As additional defenses to the plaintiff's claims, defendant
states:
20. The article and the information contained therein
giving rise to this action cannot reasonably, naturally or
presumably be read or understood to allege against or impute or
attribute to plaintiff the commission of a crime involving moral
turpitude or any conduct constituting a crime under the laws of
the Commonwealth and therefore does not constitute defamation or
defamation per se.
21. The article and the information contained therein do
~:not convey statements or information about plaintiff which, from :i 'I 'I :! M#339468 -4-
12
their usual construction and common acceptance, could be
construed as insults or tend to violence or breach of the peace
and, therefore, are not actionable pursuant to Section 8.01-45 of
the Code of Virginia.
22. The offending words in the article complained of
resulted from the use of a template allowing a quote from the
article to be set out to highlight a portion of the story. The
template form was set up with a fictitious name and title which
would be changed by insertion of the actual name and title of the
person quoted for publication. By simple human error the name of
the plaintiff was properly inserted but the change of title was
not made in this instance, resulting in the wholly accidental and
unintentional publication of the words of which the plaintiff
complains.
23. The circumstances of the publication of the article
giving rise to this action conclusively demonstrate that such
publication was made in good faith and without actual (New York
Times) malice, common law malice, reckless or conscious disregard
of the truth or falsity of the information contained therein, or
knowledge of any.alleged falsity of the information contained
therein, and without negligent or careless indifference to the
truth or falsity of the information contained therein.
24. The plaintiff's title is correctly stated in the body
of the published story. The offending words cannot be taken
.literally, do not allege the commission of a crime, were not X>DS. ROGERS : iAZLEGRCM:F '~ .-u~ctL.tu•
: M#339468 -5-
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injurious to the plaintiff in her profession or employment, and
were not defamatory of her.
25. The plaintiff is assistant to the vice president for
student affairs at Virginia Tech who submitted a press release
and was interviewed for the article complained of. The article
concerned matters of legitimate public interest. As a public
official and/or public figure with respect to the published
story, the plaintiff may not recover on any theory absent proof
of actual (New York Times} malice, and the defendant is entitled
to the defenses of freedom of speech and press guaranteed by the
First Amendment to the United States Constitution and by
Article I, Section 12 of the Constitution of Virginia.
26. An apology has been made to the plaintiff for the
error, both in ~riting and verbally, and a correction will be
published in the next edition of the Collegiate Times.
27. To the extent the language complained of constitutes
opinion, the plaintiff may not recover therefor in a defamation
action.
28. The article was published under circumstances giving
rise to a qualif~ed privilege under Virginia law.
29. The defendant reserves the right to amend its Grounds
of Defense hereafter should it be so advised in the protection of
·its legitimate interests.
RESPECTFULLY SUBMITTED, THE COLLEGIATE TIMES
JODS, ROGERS ;: HAZLEGROIEf :
.·\ltomtv.S ar L.lu•
!I M#339468 -6-
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:x>DS. ROGERS :! HAZLf.GR(NE( ..
;I :I
Daniel S. Brown, Esq. (VSB # 03327) James R. Creekmore, Esq. (VSB # 36246) WOODS, ROGERS & HAZLEGROVE, P.L.C. First Union Tower, Suite 1400 10 South Jefferson Street P.O. Box 14125 Roanoke, Virginia 24038-4125 (540) 983-7600
Counsel for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the
foregoing Demurrer and Grounds of Defense was served on counsel
for plaintiff, Sharon D. Yeagle, by mail, postage prepaid,
addressed to S. D. Roberts Moore, Esq., and Charles H. Smith,
III, Esq., Gentry, Locke, Rakes & Moore, 800 Crestar Plaza,
P.O. Box 40013, Roanoke, Virginia, 24038-0013, on this the s-~
day of June, 1996.
Of Counsel
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WOODS. ROGERS & HAZI..El1ROVE:
Attamrllsld Lw
VIRGINIA:
IN THE CIRCUIT COURT FOR THE COUNTY OF MONTGOMERY
SHARON D. YEAGLE,
Plaintiff,
v.
COLLEGIATE TIMES, an unincorporated association,
} ) } ) ) } ) } ) ) Defendant.
AMENDED DEMURRER
Law No. V-10467
AMENDED DEMURRER
Defendant Collegiate Times, by counsel, respectfully demurs
to the allegations of the Motion for Judgment which fail to state
a cause of action against the defendant in that, under applicable
constitutional law principles, the language complained of by the
plaintiff cannot reasonably be interpreted as stating actual
facts about the plaintiff herein. From the face of the article,
attached to and made a part of the Motion for Judgment, it is
apparent that the words complained of were either a patent error
(which in fact they were) or a tasteless spoqf (which in fact
they were not). In either case, the words are not actionable as
defamation.
In addition, Plaintiff's claim herein pursuant to Virginia's
insulting words statute does not arise from a situation in which
the allegedly defam~tory statement "tend[ed] to violence and
breach of the peace." Therefore, the Virginia insulting words
statute does not provide for a cause of action on the facts and
circumstances on which Plaintiff's claim is premised.
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....-... •.
WHEREFORE, Defendant Collegiate Times respectfully requests
of this Court an order sustaining this demurrer, dismissing j:
:l Plaintiff's Motion for Judgment with prejudice, and awarding :t
'I 1! Defendant its reasonable expenses and costs incurred in
connection herewith.
RESPECTFULLY SUBMITTED, THE COLLEGIATE TIMES
Daniel S. Brown, Esq. (VSB # 03327) James R. Creekmore, Esq. (VSB # 36246) WOODS, ROGERS & HAZLEGROVE, P.L.C. First Union Tower, Suite 1400 10 South Jefferson Street P.O. Box 14125 Roanoke, Virginia 24038-4125 (540) 983-7600
Counsel for Defendant
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing Amended Demurrer was served on counsel for plaintiff, Sharon D. Yeagle, by mail, postage prepaid, addressed to S. D. Roberts Moore, Esq., and Charles H. Smith, III, Esq., Gentry, Locke, Rakes & Moore, 800 Crestar Plaza, P.O. Box 40013, Roanoke, Virginia, 24038-0013, on this the26.~ day of August, 1996.
~Counsel
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T~ ~ITY~SEVENTH jUDICIAL CIRC.. r OF VIRGINIA
RAY W. GRUBBS, juooE MONTOOMERY CoUNn' COUimiOUSE
P.O. Box389 CHlUSTlANSBURO, VIROINlA 24073
TELEPHONE: (703) 382~2222 (703) 382~5754
F.o\X: (i03) 382-6922 CoWWONWEALTH OF VuiGJNIA
February 27, 1997
Mr. S. D. Roberts Moore Gentry, Locke, Rakes & Moore Attorneys at Law P. 0. Box 40013 Roanoke, VA 24038-0013
Mr. Daniel S. Brown Woods, Roge=s & Hazelgrove Attorneys at Law P. 0. Box 14125 Roanoke, VA 24038-4125
Re: Sharon D. Yeagle v. Collegiate T~es
Gentlemen:
cmcurr COt.m:r FOil THE COUN'TlES OF
BlAND, CAlUlOU.. FLOYD, CJUS,
GM'JSON. .CONTOOMER.Y, ~AND WYTHE
CRC\JlT COUKT FOR THE CIT1ES OF QALAX AND RADFORD
Before the Cou~t is defendant, Collegiate Times' , Amended Demurrer to plaintiff, Sharon D. Yeagle's, ·Motion for Judgment in which she alleges defamation pe~ se in Count I, defamation in Count II and defamation actionable unde~ Section 8.01-45 of the Code of Virginia, as amended, in Count III.
It is elementary that the purpose of any demurrer is to test the sufficiency of the pleadings, admitting the truth of all material facts alleged and all reasonable inferences arising therefrom. In putting plaintiff's pleadings to such test, the Court finds as follows:
Count I
Common law words which are actionable per se in Virginia have been set out in Ca~ile v. Richmond Newsoaoers. Inc., 196 Va. 1, 82 S.E. 2d 588 as follows:
(1) Those which impute to a person the commission of some criminal offense involving moral turpitude, for which the party, if the cha=ge is t=ue, may be indicted and punished. (2) Those which impu~e that a person is
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Mr. Moore Mr. Brown Page 2
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February 27, 1997
infected with some contagious disease, where if the charge is true, it would exclude the party from society. (3) Those which impute to a person unfitness to perform the duties of an office or employment of profit, or want of integrity in the discha~ge of the duties of such an office or employment. (4) ~hose which prejudice such person in his or her profession or trade.
In examining the text in which the phrase 11 Director of Butt Licking" is found, the Court !:as closely scrutinized the context thereof and determines that no reasonable person would conclude that such title or oh~ase cor.vevs factual information that Ms. Yeagle is accused of comm:..tt:..ng a::y c::-ime, much less a:1y 11 Crime acainst:. nature" as found in Secticn 18.2-3 61. Granted, the plaintiff is entitled, on demurrer, to any reasonable inference in her favor. Howeve~, the phrase is void of any literal meaning. It does not impute to her any crimi:1a2 offense involving moral tu~itude. ~~y reasonable person ~eacing this title or hearing this title would not conclude that plai~ciff was charged with a crime. The title, likewise, within its context, cannot reasonably be said to impugn the i~tegrity cr professionalism of the plaintiff. Even an infe~ence t~a~ through this title she cultivates favors from othe~s or di::-ects those who do, does not convey any factual information about ~e::- or her employment. It car~ot be taken lite~ally.
For these reasons, the demu~rer as to Count I is sustained.
Count II
As a matter of law, the phrase 11 Director of Butt Licking" is not actionable. As previously noted, it has no literal meaning. It is slang language implying the cultivation of favors from others. It would be unreasonable to interpret this title as conveying directly or by inference, any defamatory, factual information about the plaintiff.
Ms. Yeagle was named in the article as the person res~onsible for coordinatina the Virainia Governor's Fellows Program. It was a serious, noteworthy article about the placement of a record number of Virginia Tech students in this program. In reading this, it would be unreasonable for one to conclude that the title in such article was factual. The context plainly and
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Mr. Moore Mr. Brown Page 3 February 27, 1997
clearly dispels any suggestion that the title coveys any factual information about the plaintiff. The title at issue is totally inconsistent with the context of the article. The use of the title is too absurd to be taken seriously.
Notwithstanding the above, Ms. Yeaale could easilv find the use of this title to be personally offensive and repuisive. This Court certainly does not condor..e its use. Yet, any subjective embarrassment which she may experience does not, in and of itself, damage her reputation. In the contex~ in whic~ it was used, the title cannot be reasonably understood to convey factual information about her.
Fer these reasons, the demu==== to Cccnt I! is susta~ned.
Count III
As stated by the plaintiff in A1 1 e!l & Rocks, Inc. v. Dowell, November 1, 1995, at 5, the Vi=~ir.ia Sup=eme Court has held that in order to recover under Secticn s.o:-45 (Insulting Words Statute) the plaintiff must prove the insulti=g language tends to violence and breach of the peace. Ms. Yeagle argues she has been accused of a crime and behavior tha~ is insulting and tends to violence and breach of the peace. ~t would be unreasonable to reach this conclusion as no factual information about Ms. Yeagle has been conveyed in the title "Director of ·3uc-= Licking" to impute to her the commission of a c=ime and thereby sufficient for a finding that the words were insulting and tended to violence and a breach of the peace. Plaintiff's allegat:ions hereunder are insufficient to state a cause of action.
For these reasons, the demurrer is sustained as to Count III, and the Court dismisses the plaintiff's causes of action, without prejudice.
Mr. Brown, kindly prepare an order incorporating this ruling and ci=culate for endorsement and objections prior to entry.
RWG:lhc cc:
With my kindest personal regards, ! remain
Very truly vours,
R~~ Mr. ~~lan C. Burke, Clerk
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VIRGINIA:
IN THE CIRCUIT COURT FOR THE COUNTY OF MONTGOMERY
'b SHARON D. YEAGLE,
Plaintiff,
v.
COLLEGIATE TIMES, an incorporated association,
Defendant.
) ) ) ) ) ) ) ) ) )
Law No.: V-10467
ORDER SUSTAINING AMENDED DEMURRER
This matter having come before the Court on Defendant Collegiate Times' Amended
Demurrer and the arguments of counsel thereon, the Court finds that as to each of Counts
I, II and III of Plaintiffs Motion for Judgment, Plaintiffs Motion for Judgment fails to state
a cause of action.
Accordingly, for these reasons, as more fulJy set forth in the letter opinion of this
Court of February 27, ~ 997, it is HEREBY ORDERED that Defendant's Amended
Demurrer is SUSTAINED as to each of Counts I, II and III of Plaintiffs Motion for
Judgment, and Plaintiffs causes of action therefore are DISMISSED without prejudice.
The Clerk is diret:ted to forward to ctJunse! of record a c·!rtified copy (lf thjs Order •
578\ I \lJCX)()7. J
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WE ASK FOR THIS:
THE COLLEGIATE TIMES
By: (3_1, .. ,.~~ ~~ Of Counsel
DanielS. Brown, Esquire James R. Creekmore, Esquire Woods. Rogers & Hi:zl~grove First Union Tower, Suite 1400 10 South Jefferson Street Post Office Box 14125 Roanoke, Virginia 24038-4125 (540) 983-7600
Counsel for Defendant
SEEN AND OBJECfED TO:
SHARON D. YEAGLE
~y: { ' 1f Counsel
S. D. Roberts Moore (VSB No. 3456) Mark W. Dellinger (VSB No. 37845) GENTRY LOCKE RAKES & MOORE 800 Crestar Plaza P.O. Box 40013 Roanoke, Virginia 24038-0013 (540) 983-9348
Counsel for Sharon D. Yeagle
S78\ 1\339007.1
•
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ASSIGNMENTS OF ERROR
I. THE TRIAL COURT ERRED IN BOLDING THAT THE PHRASE "DIRECTOR OF BUTT LICKING" WAS NOT CAPABLE OF CONVEYING A DEFAMATORY MEANING AS A MATTER OF LAW AND SUSTAINING DEFENDANT'S AMBNDED DBKURRER ON THAT BASIS
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